INSTRUCTIONS: CALIFORNIA PETITION – MARRIAGE (Form Fl-100)
To initiate the divorce process in California, one spouse must file a Petition – Marriage. This Form FL-100 is filed along with a Summons in the superior court in your area. The form can be downloaded from the website of the California Courts system.
California Petition – Marriage FL-100 Step 1: At the top of the page, enter your name and address or that of your attorney. Enter the names of both spouses where indicated and indicate whether you are seeking a divorce, legal separation or nullification of your marriage.
California Petition – Marriage FL-100 Step 2: Question one is only for those who are seeking a dissolution (divorce). Indicate whether you, the respondent or both parties have been residents of California for at least six months. Additionally, at least one of you must have been a resident of the county where you are filing for three months.
California Petition – Marriage FL-100 Step 3: Question two asks you to list the date of marriage and separation. Note the number of years and months from marriage to separation.
California Petition – Marriage FL-100 Step 4: Question three asks you to list all minor children in the marriage, if any. If there any children, a Form FL-105 must be completed and submitted with this petition.
California Petition – Marriage FL-100 Step 5: In response to question four, list all property and assets which you wish to be considered your own rather than mutually owned.
California Petition – Marriage FL-100 Step 6: In response to question five, list communal property and debts. You may wish to attach a Form FL-160, a form specifically for listing all property.
California Petition – Marriage FL-100 Step 7: In section six, indicate the grounds for which you are seeking separation.
California Petition – Marriage FL-100 Step 8: In section seven, note all requests you are making of the court concerning child custody, visitation rights, payment of attorneys, property rights and any other aspects of separation that a judge must rule on.
California Petition – Marriage FL-100 Step 9: Print or type your name, provide a signature and write the date. Your attorney, if any, must do the same.
